Belgium's supreme court to hear Mehul Choksi's appeal against extradition on Dec 9
New Delhi (PTI): The case of fugitive diamond trader Mehul Choksi challenging his extradition will come up for hearing before Belgium's supreme court, the Court of Cassation, on December 9, officials said on Thursday.
Choksi has challenged before Belgium's top court an October 17 ruling of the Antwerp Court of Appeal that upheld India's request for his extradition while terming it "enforceable".
In response to queries by the PTI, Advocaat-generaal Henri Vanderlinden said the Court of Cassation will hear the case on December 9.
The Court of Cassation only checks the decision of the court of appeal "on legal aspects" such as whether the court of appeal correctly applied the legal dispositions, and whether they follow the right procedure, he told PTI.
"So, new facts or evidence cannot be placed," he said.
"The proceedings are, in essence, a written one. As a rule, all cases are heard. If the court refuses to admit the appeal, it will be on legal grounds, for example, the person who filed the complaint did not have the legal competence to do so," Vanderlinden explained.
He said the parties must convey their complaints in writing "on the moment" they appeal to the court.
"They cannot add any other complaints after that moment. During the hearing, they can develop those complaints, but nothing else," he said, giving details about the procedure in the Court of Cassation.
On October 17, a four-member indictment chamber at the Court of Appeals in Antwerp did not find any infirmity in the orders issued by the pre-trial chamber of the district court on November 29, 2024, terming the arrest warrants issued by a Mumbai special court in May 2018 and June 2021 as "enforceable", allowing Choksi's extradition.
The Court of Appeals had ruled that Choksi, the main accused in a Rs-13,000 crore PNB scam, faces "no risk" of being denied a fair trial or subjected to ill-treatment if he is extradited to India.
Of the total scam amount, Choksi alone has siphoned off Rs 6,400 crore, the Central Bureau of Investigation (CBI) has alleged in its chargesheet.
Choksi, who escaped to Antigua and Barbuda in January 2018, days before the scam was detected, was spotted in Belgium, where he had purportedly sought treatment.
India sent an extradition request to Belgium on August 27, 2024, based on arrest warrants issued by the special court in Mumbai.
The public prosecutor at the Court of First Instance in Antwerp, Division Turnhout, initiated an action on November 25, 2024, seeking the enforcement of arrest warrants issued by the Mumbai court.
The pre-trial chamber of the Antwerp District Court, Turnhout Division, in its order dated November 29, 2024, held that the arrest warrants against Choksi issued by the Mumbai court were enforceable, except for the order related to "causing the disappearance of evidence of the crime".
When Choksi appealed against this verdict in the Antwerp Court of Appeals, it rejected his claims that he personally faces a real, present and serious risk of being subjected to flagrant denial of justice, torture or inhuman and degrading treatment in India.
India has given a number of assurances to Belgium about Choksi's safety, the charges that he would face during trial in India, prison arrangements, human rights and medical needs.
The Court of Appeals had ruled that 66-year-old Choksi faces "no risk" of being denied a fair trial or subjected to ill-treatment if he is extradited to India.
Dismissing the appeal filed by Choksi against the district court, the Court of Appeals held that the businessman failed to provide "concretely plausible" evidence of a "genuine risk" of torture or denial of justice.
The order was a strong validation of India's case seeking his extradition, with Choksi having the option of appealing against the decision in Belgium's Supreme Court, the officials said.
The Court of Appeals has held that the documents Choksi submitted do not substantiate his claims that he is the subject of a political trial.
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Rupee falls 9 paise to all-time low of 90.58 against US dollar in early trade
Mumbai (PTI): Rupee depreciated 9 paise to an all-time low of 90.58 against US dollar in early trade on Monday, weighed down by uncertainty over an India-US trade deal and persistent foreign fund outflows.
Forex traders said rupee is trading with a negative bias as investors are in wait and watch mode and awaiting cues from the India-US trade deal front.
At the interbank foreign exchange market, the rupee opened at 90.53 against the US dollar, then fell further to an all-time intraday low of 90.58 against the greenback, registering a fall of 9 paise over its previous close.
On Friday, the rupee had slipped 17 paise to close at an all-time low of 90.49 against the American currency.
Meanwhile, the dollar index, which gauges the greenback's strength against a basket of six currencies, was trading 0.05 per cent lower at 98.35.
Brent crude, the global oil benchmark, was trading higher by 0.52 per cent at USD 61.44 per barrel in futures trade.
On the domestic equity market front, the 30-share benchmark index Sensex was trading 298.86 points lower at 84,968.80, while the Nifty was down 121.40 points at 25,925.55.
Foreign Institutional Investors sold equities worth Rs 1,114.22 crore on Friday, according to exchange data.
"FPIs continue to be in selling mode in equity and debt while RBI has been selling dollars to fund their long positions," said Anil Kumar Bhansali, Head of Treasury and Executive Director Finrex Treasury Advisors LLP.
